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It's obvious that the only solution is for landlords to designate non-smoking in the leases. I just moved into an expensive apt., I smoke, and the guy upstairs is complaining. The lease said nothing about no smoking. Now, who moves? My rent monies entitle me to certain rights, why are his more important than mine? I cannot smoke inside or outside. However, I do not wish to subject a non-smoker to my smoke so I don't smoke in my new home. I wish I'd known before I moved in . . .